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Bar & Bench Profile picture
@barandbench
May 11 • 12 tweets • 8 min read Twitter logo Read on Twitter
[Control over Bureaucracy in Delhi]

#SupremeCourtOfIndia to shortly verdict in the tussle between the Central and Delhi governments regarding the administrative control over transfers and postings of civil servants in the national capital

#DelhivsLG @LtGovDelhi @AamAadmiParty Image
Delhi government vs LG in Supreme Court: Read our detailed coverage of the 5-day Constitution Bench hearing

#SupremeCourtofIndia @LtGovDelhi @AamAadmiParty

barandbench.com/news/litigatio…
Judgment to be pronounced at 11:30 am

#SupremeCourtofIndia @LtGovDelhi @AamAadmiParty
CJI DY Chandrachud: unanimous judgment. this case deals with asymmetric federal model of govt involving contest power of UT and Union...

#SupremeCourtofIndia @LtGovDelhi @AamAadmiParty Image
CJI DY Chandrachud: limited issue relates to scope of legislative power of NCT and Centre relating to term of services.. whether NCT has legislative and executive control over services. we have dealt with 2018 constitution bench judgment. we are unable to agree with view of… twitter.com/i/web/status/1…
CJI DY Chandrachud: we find it necessary to deal with arguments of Union that phrase must be read in restrictive manner.. Article 239AA 3(A) confers legislative power to NCTD but not over all subjects. Interest of Union has to be preserved.

#SupremeCourtofIndia @LtGovDelhi… twitter.com/i/web/status/1…
CJI DY Chandrachud: sub clause b clarifies that parliament has the power to legislate on any subject of NCTD in any of the three lists .. if there is a repugnancy in law enacted by legislative assembly and union.. the one by assembly will be void

#SupremeCourtofIndia @LtGovDelhi… twitter.com/i/web/status/1…
CJI DY Chandrachud: the article stipulates that such law shall not be deemed to be an amendment to the constitution and 239AA Sub clause 3 balances interests of NCTD and union of India

#SupremeCourtofIndia @LtGovDelhi @AamAadmiParty
CJI DY Chandrachud: thus exclusion of entries of entries 64, 65, 66 shows that governance structure of NCTD was for only specific entries for legislative powers to be exercised. Article 239AA establishes legislative assembly of NCTD.. it represents constitutional democracy and is… twitter.com/i/web/status/1…
CJI DY Chandrachud: the principle of democracy and federalism form a part of basic structure federalism ensures survival of diverse interests and accommodate diverse needs.. there is dual polity.. one is national govt and one is regional federal unit... these are elected by dual… twitter.com/i/web/status/1…
CJI DY Chandrachud: Union has exclusive powers of list 1 and state has over last 2... for concurrent union has power.. and states too has the power but the executive power of the state will be subject to the law existing of the union... it has to be ensured that governance of… twitter.com/i/web/status/1…
CJI DY Chandrachud: the objective of articles 73 and 162 is to limit union power in states which is a federal unit.. for NCTD.. list 1 and list 2 is concurrent list.. both parliament and legislature can enact laws in 2 and 3... apart from 64, 65, 66... such powers shall be… twitter.com/i/web/status/1…

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More from @barandbench

Bar & Bench Profile picture
May 11
[Same Sex Marriage Hearing] DAY 10

#SupremeCourtofIndia to resume hearing a batch of 20 petitions seeking to legalise same sex marriage

5-judge Constitution bench to begin hearing today post 12 pm

Track this thread for live updates👇 #samesexmarriage #LGBTQI #gayrights Image
DAY 1: Notions of man, woman, genitals do not define gender in absolute sense, Supreme Court says
rb.gy/jdv58

DAY 2: Argument that children of same-sex married couple will be impacted incorrect; gay, lesbian persons can already adopt individually: Supreme Court… twitter.com/i/web/status/1…
Bench assembles.

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage
Read 25 tweets
Bar & Bench Profile picture
May 11
[Maharashtra Politics Case]

#SupremeCourt Constitution Bench to shortly deliver verdict in a batch of petitions concerning #MaharashtraPoliticalCrisis which culminated in Eknath Shinde taking over as Chief Minister from Uddhav Thackeray following a split in the Shiv Sena Image
Five-judge Constitution Bench of Chief Justice D Y Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha to deliver verdict at 11 am today #MaharashtraPolitics #SupremeCourtofIndia
Maharashtra Politics case: Read about 8-day long hearing before Supreme Court in the Eknath Shinde-Uddhav Thackeray battle

barandbench.com/news/litigatio…
Read 19 tweets
Bar & Bench Profile picture
May 10
[Excise Policy scam]

Delhi HC orders that the observations made by the trial court while granting bail to Gautam Malhotra and Rajesh Joshi in the money laundering case will not be relied upon by any other co-accused in any proceedings.

#DelhiHighCourt #ED Image
While granting bail to Joshi and Malhotra, the trial court has observed that there is not enough material on record to show that the case against them is genuine.

The court had also questioned the ED's claims regarding payment of kickbacks and the use of alleged bribes in AAP's… twitter.com/i/web/status/1…
Justice Dinesh Kumar Sharma passed the order today after ED moved HC challenging the trial court's order.

ED sought cancellation of bail granted to Joshi and Malhotra and demanded that the observations and findings must not be used by any of the co-accused in any proceedings.
Read 4 tweets
Bar & Bench Profile picture
May 10
NCLT Delhi to shortly pronounce its verdict on the plea by Go Airlines voluntarily seeking initiation of insolvency proceedings against itself.

@GoFirstairways #GoFirstAirlines #Insolvency Image
Since there is an administrative meeting going on, the coram of President Justice Ramalingam Sudhakar and technical member LN Gupta is yet to preside.

#GoFirstAirlines #insolvency
Bench has presided.

#GoFirstAirlines
Read 4 tweets
Bar & Bench Profile picture
May 10
Supreme Court to shortly deliver verdict on application by former Gujarat IPS officer Sanjiv Bhatt seeking recusal of Justice MR Shah from hearing a pending case of his.

Justice Shah had earlier orally remarked against recusing.

#SupremeCourtofIndia #SupremeCourt #SanjivBhatt Image
Bhatt in his plea has sought permission to produce additional evidence before Gujarat HC in his appeal against conviction in a custodial death case.

He argued that issue was apprehension of bias since Justice Shah had while being a HC judge heard matter arising out of same FIR.
Court: We have passed a speaking order.. declined.

#SupremeCourtofIndia #SupremeCourt #SanjivBhatt
Read 23 tweets
Bar & Bench Profile picture
May 10
[Same Sex Marriage Hearing] DAY 9

#SupremeCourtofIndia to resume hearing a batch of 20 petitions seeking to legalise same sex marriage

5-judge Constitution bench to begin hearing today post 10:45 am

Track this thread for live updates👇 #samesexmarriage #LGBTQI #gayrights Image
DAY 1: Notions of man, woman, genitals do not define gender in absolute sense, Supreme Court says
rb.gy/jdv58

DAY 2: Argument that children of same-sex married couple will be impacted incorrect; gay, lesbian persons can already adopt individually: Supreme Court… twitter.com/i/web/status/1…
SG Tushar Mehta: this is the time we have distributed among ourselves..

CJI: So this side will finish at 12:45..

SG: Give me 5 minutes to say a concluding prayer

#samesexmarriage #LGBTQI #gayrights
Read 47 tweets

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